INTRODUCTION
The 1945 Constitution of the Republic of Indonesia aims to
achieve a just and prosperous society, namely the existence of social welfare
for all Indonesian people. The conception of the rule of Law as outlined in
Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia
provides logical consequences for the Indonesian state to consistently protect
the implementation of human rights. Article 28B paragraph (2) of the 1945
Constitution of the Republic of Indonesia states, "every child has the
right to survival, growth, and development and the right to protection from
violence and discrimination (Article 28B Paragraph (2) of the 1945 Constitution, 1945).
The state provides protection to children,
including economic, social, cultural, political, defense and security, and
legal aspects (Rusmini, 2017). Especially
regarding the protection of children from the legal aspect, it has a
significant and strategic role. The purpose and rationale of legal protection
for children cannot be separated from the goal of how to realize the welfare of
children as an integral part of realizing overall social welfare (Gosita, 2004). As also stated in
Article 1 paragraph (2) of the Government Regulation in Lieu of Law of the
Republic of Indonesia Number 23 of 2002 concerning Child Protection provides
clear and comprehensive arrangements regarding child protection which principally
aims to provide guarantees and protect their rights so that they can live,
grow, develop, and participate optimally and obtain protection from violence
and discrimination (Probosiwi & Bahransyaf, 2015).
And in the general explanation of the Child Protection
Law, it is explained that starting from the complete, comprehensive and
comprehensive Concept of Child Protection, the Law places the obligation to
protect children based on the following principles:
a) Non-discrimination.
b) The
best interests of the child.
c) The
right to life, survival and development.
d) Respect
for children (Article 2 of Law Number 23 of 2002 Concerning Child Protection, 2002).
Thus, it is generally used to describe one of the
disorders of psychosexual development, individuals with abnormal erotic desires
for children (Supardi, 2005). Generally, the
form of action is in the form of an outlet for sexual desire. This sexual
harassment causes psychological trauma that cannot be cured in a short time.
The modus operandi of paedophiles to ensnare their victims varies. Some pretend
to love children with the lure of material things, which ultimately ask for
sexual services in return, either subtly or by force (Asmawi, 2005). They tend to be
sexually passionate and find it difficult to love their partners (Rusmini, 2017). Cases of sexual
violence against children during the Covid-19 pandemic continued to increase,
both perpetrators of sexual violence against girls and boys carried out by
paedophiles and child prostitution businesses. The future is to reduce the
number of violence against children and protect children. Data from the PPA
symphony from January to June 17, 2020, almost 3,928 cases of violence against
children, including sexual violence, physical violence and emotional violence,
but almost 55 per cent of those cases were sexual violence (Darmavati, n.d.).
Sexual violence against children is a severe
violation of human rights and must be considered an extraordinary crime because
its impact has threatened the future of the nation's generation (Probosiwi & Bahransyaf, 2015). Child sexual
abuse and other forms of maltreatment have long-term health implications,
including mental health issues and injuries (Ward et al., 2018). The high number
of cases of sexual violence against children prompted the chairman of The
National Commission for Child Protection to state that Indonesia had entered a
period of emergency. The handling of crimes of sexual violence against
children, when compared to the criminal law system in Indonesia, still tends to
highlight a crime from the point of view of the perpetrator of the crime. Even
though something is lacking and unbalanced if the point of view of the child as
a victim is ignored.
The handling of crimes of sexual violence
against children, when compared to the criminal law system in Indonesia, still
tends to highlight a crime from the point of view of the perpetrator of the
crime. The victim and the perpetrator are two elements of the occurrence of a
crime. Even though there are still things lacking, the elements causing the
crime would not have occurred if there were no victims. From this perspective,
legal protection for children as victims of sexual crimes is essential.
Victims are only represented as sufferers who
will retaliate against the perpetrators who have been implemented with criminal
sanctions that laws and regulations have regulated. Sexual assault is linked to
low self-esteem, self-criticism, and attachment type (Schnittker, 2022). Children as
victims of sexual crimes here are not given much attention because the
concentration of punishment is only given to the perpetrators, which indicates
the completion of the problem. Even though the punishment of the perpetrator of
a crime of sexual violence does not necessarily mean that the child as a victim
feels willing and safe. Many victims still do not feel that they have received
justice and the return of their position in the community due to the trauma
they have received. Therefore, it is necessary to have a law that can provide
equal justice to victims of what was done by perpetrators of sexual violence crimes,
so it is not the application of a system of revenge that is needed in resolving
the case in question.
METHOD
A. Type
of Research
The type of research used by the author in conducting this research,
entitled Analysis of Legal Protection for Children, Victims of Paedophilia,
reviewed in Government Regulation in lie of Law no. 1 of 2016
concerning the Second Amendment of Law no. 23 of 2002 concerning Child
Protection. The type of research used in this research is normative research or
literature study, namely legal research conducted by examining secondary data
or library materials consisting of primary legal materials, secondary legal
materials, and tertiary legal materials. The legal materials are then compiled
systematically, studied, and then drawn conclusions to the problem under study.
B. Research
Approach
The
research approach used in this legal research is the statute approach. This
approach is used to study the applicable laws and regulations (positive Law)
and their implementing regulations that regulate the problem of children and paedophilia,
both at the time of their formulation and in their implementation, to examine
the level of relevance and synchronization between these laws and regulations.
C. Legal
Resources and Materials
This
study uses secondary data, which is the primary data obtained from legal
materials, namely, materials or materials that are closely related to specific
problems and are connected through a legal point of view, which consist of:
1. Primary Legal
Materials
Primary legal materials are legal materials that are binding and underlie other
legal materials that are closely related to the problem under study.
2. Secondary Legal
Materials
Secondary legal materials are materials that explain primary legal materials.
Secondary legal materials are all publications on Law that are not official
documents.
3. Tertiary Legal
Materials
Tertiary legal materials provide instructions and explanations of primary and
secondary legal materials, such as legal dictionaries and others.
D. Legal
Materials Collection Method
The method
of collecting legal materials analyzed in this study uses a literature or
document study. This is a data collection technique by studying, reading, and
recording books, literature, notes, laws and regulations, and essential
articles from the internet media. It is closely related to the subject matter
used to compose the writing of this Law and then categorized according to the
appropriate grouping.
E.
Methods of Data Processing and Analysis of
Legal Materials
Data
analysis is organizing and sorting data in patterns, categories and basic
descriptions so that themes can be found and formulated in working hypotheses.
The data
analysis method used by the author in writing this Law is technical data
analysis, namely by collecting data, qualifying and then connecting theories
related to the problem and finally drawing conclusions to determine the
results. Data analysis is the next step in processing research results.
RESULTS AND DISCUSSION
A. Regulation of the Crime of Paedophilia
in Indonesia
Paedophilia is one of the crimes of
morality. This crime is so disturbing the community and cannot be left alone.
In addition, the crime will have a negative impact on the victims, who
incidentally are children. Child victims of paedophilia, in the short term and
long term, can experience physical and mental disorders.
Several factors cause Indonesia to
become a target for paedophiles, and the first is the weak Law in Indonesia.
For example, Article 289 of the Criminal Code for perpetrators of sexual abuse
of children is only sentenced to 9 (nine) years in prison. Then in Article 82
of Law Number 23 of 2002 concerning Child Protection, perpetrators of sexual
abuse against children are sentenced to 15 years in prison and a maximum fine
of IDR 300 million.
The second factor is that poverty in
Indonesia is getting worse, making children more vulnerable to some forms of
crime and exploitation. Poverty is a severe threat. The third factor is the
weakness of security devices in Indonesia. Many have spawned and exploded various
modes of deviation, anomalous, or deviant behaviour. In their actions,
paedophiles no longer seek prey by blocking children at school or on the
street. Paedophiles use increasingly sophisticated methods, namely internet
facilities, to find their prey.
From a legal perspective, the
imposition of sanctions in the form of corporal punishment does not provide
general prevention, namely in the form of a deterrent effect to individuals who
plan to do bad things and want to abuse children sexually. If there is a
moderately severe punishment, people will think twice when they intend to
commit an evil deed because they think going to jail will take a long time.
From the point of view of poverty, the
child does not get a proper place or house as a shelter for his life, and even
his life is like a homeless person without being able to fight back because his
condition is physically and psychologically weak. In various places, children
are seen on the streets, exploited by adults to beg, living homeless with adults
whose sexual needs can arise at any time, potentially causing children to get
indecent treatment, including becoming victims of paedophiles on the streets.
The legal apparatus, the state and society must stop this terrible drama.
Otherwise, it will give birth to paedophiles – new paedophiles that regenerate
endless endings. As a cycle of behaviour and revenge or trauma in the future,
starting from the victim and later becoming a paedophile. This kind of
regeneration potential must be prevented, and children who are victims and
children who are not must be protected from these potentials.
B. Forms of Protection for Victims of Paedophilia
in Indonesia
Every time a crime occurs, ranging from
minor crimes to serious crimes, of course, the victim will experience suffering,
both material and immaterial. Theoretically, the form of protection for victims
of crime can be provided in various ways, depending on the suffering or loss
suffered by the victim. For example, for losses of a mental or psychological
nature, of course, the form of compensation in the form of material or money is
not adequate if it is not accompanied by efforts to restore the victim's
mentality. On the other hand, if the victim only suffers material losses,
psychological services seem too excessive. Children who are victims of crime,
victims of exploitation, both economically and/or sexually, children who are
victims of physical, psychological and sexual violence and children who are
victims of abuse such as victims of paedophilia also need special protection.
The provisions of Article 59 of Law Number 23 of 2002 concerning Child
Protection states 'The government and other state institutions are obliged and
responsible for providing special protection to children in emergencies,
children in conflict with the Law, children from minority and isolated groups,
children in economic and/or sexual exploitation, trafficked children, children
who are victims of abuse of narcotics, alcohol, psychotropic substances, and
other addictive substances (drugs), children who are victims of kidnapping,
selling, trafficking, children who are victims of physical and/or mental
violence, children with disabilities, and children who are victims of abuse and
neglect.
CONCLUSION
Pedophilia is included in the category of crimes against
children. Because, it produces a bad impact for those who have become victims.
Seto Mulyadi, as a child psychiatrist, explained that the victim of this crime
will cause symptoms of a lack of self-confidence and ultimately view sex as a
negative act. The following are laws and regulations that can be used to
ensnare perpetrators of sexual abuse of children, including pedophiles in
Indonesia.
Sexual intercourse here is intercourse carried out by
adults against minors. The intercourse was carried out outside the marriage
relationship. This is regulated in Article 81 paragraph (1) and paragraph (2)
of Law Number 23 of 2002 concerning Child Protection.
The obscene act referred to here is an act committed by an
adult against a minor (not yet eighteen years old) to commit an act that is
contrary to the honor of the victim. This is regulated in Article 82 of Law
Number 23 of 2002 concerning Child Protection.
Exploitation in this case is the sexual exploitation of
minors (not yet eighteen years old) for the benefit of the perpetrator, both
commercially and for the sexual satisfaction of the perpetrator himself. This
is regulated in Article 88 of Law Number 23 of 2002 concerning Child Protection
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